Articles Posted inDriving While Intoxicated

On June 15, 2017 the Governor signed a bill into law that will significantly change eligibility for “Orders of Non Disclosure,” to allow people who have been convicted of Driving While Intoxicated to obtain such an Order. An “Order of Non Disclosure” is a Court Order to any agency in possession of your criminal history record information to seal the record and not disclose it to third parties. In other words, an Order of Non Disclosure allows one to shield the fact of their case from public view and scrutiny. An Order of Non Disclosure prevents the general public from viewing your criminal history. This is helpful in a number of ways, for example an Order of Non Disclosure would prevent prospective employers from viewing your record. This would also apply to apartment complexes that are considering renting you an apartment, etc. The are exceptions to the Non Disclosure order in terms of who may access the record, but it is a fantastic tool to prevent the general public from ever knowing that you have a previous criminal case.

Until now, people convicted of Driving While Intoxicated in Collin County, Texas (or anywhere in Texas for that matter) were prohibited by law from obtaining a Non Disclosure Order. That is about to change. Effective September 1, 2017 people convicted of Driving While Intoxicated will be able to obtain an Order of Non Disclosure even if convicted of DWI. The following conditions must be met in order to qualify.

The Driving While Intoxicated Conviction you seek to Nondisclose must be a first offense.

Who is Erdman, and why should you care? Erdman is a case decided by the Texas Court of Criminal Appeals nearly two decades ago and has been the law of the land in Texas for that period of time.

The Erdman case established that police officers who have arrested a Driving While Intoxicated suspect may not provide so called ” extra statutory” information concerning the consequences of refusal to submit to a breath test. In plain terms, The Erdman court explained that police are required by law to inform suspects about the legal consequences of refusal – nothing more and nothing less.

The jury trial is the cornerstone of our criminal justice system. It is the forum where my client’s future is often on the line. Jury trials are the method by which people accused of crimes can have their day in court and put the state to its proof. Every person accused of a crime is entitled to a jury trial where the state will be required to prove every element of the alleged crime beyond a reasonable doubt.

An important aspect of representing people in court against a criminal charge is the decision to enter a plea of guilty or to exercise one’s right to a jury trial. That decision is unique to each case and depends on many factors.

Recently, my client and I decided to try her Driving While Intoxicated case in Collin County. Because the client’s blood was drawn unlawfully it was excluded from evidence. As the trial unfolded the evidence simply did not persuade the jury and the client was found not guilty. The jurors did the right thing, consistent with their oath to follow the law, and the client was pleased with the outcome.